Child Employment Act 2003

This page provides general information and should not be considered legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

From 1 July 2023, a child employment licencing system replaces the permit system. Under the licencing system, employers will be able to employ multiple children under one licence, rather than apply for a permit for each child they engage. Wage Inspectorate Victoria is responsible for issuing these licences and may impose conditions to a licence.

Cases we can hear

An applicant for a licence or a licence holder may apply to VCAT for review of the following decisions by Wage Inspectorate Victoria to:

• refuse to grant a licence
• impose a condition on a licence
• refuse to renew a licence
• vary a licence
• suspend or cancel a licence.

Legislation that gives VCAT the power to hear these applications

Section 18AI of the Child Employment Act 2003

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must apply to VCAT within 28 days of:

• the licence being issued – if your review application is about a condition imposed on a licence
• being notified of the decision – for all other reviews.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

What can VCAT order?

Unless the Act gives VCAT different powers, VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision.

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay.

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision maker if they agree to any stay. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.